Package Travel Contracts: Remarks on the European Community Legislation

Although Directive No. 90/314 has had some positive effects, albeit inferior to prior expectations, the new legislation has proven innovative in legally qualifying the positions of all subjects involved in package travel. An analysis of each provision shows the dramatic impact that the Directive has had on the conclusions reached by Italian doctrine and jurisprudence on the basis of the national and international applicable regulations. Directive No. 90/314 represents a notable improvement in the protection of the consumer/traveler. While the Community Directive accomplishes the aim of harmonizing legislation within the Member States, Directive No. 90/314 by no means intends to be exhaustive